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Miami-Dade Guide

What Happens
After an Arrest in Miami-Dade?

Arrest, booking, first appearance, arraignment, discovery, and beyond. A step-by-step map of how a Miami-Dade criminal case moves.

Last reviewed: October 2026

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1989

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The Timeline How Long It Takes Quick Answers

Quick Answers

Common Timeline Questions

How long after an arrest does arraignment happen in Miami-Dade?+

For felony charges, arraignment is automatically set on the 21st day after arrest. Misdemeanor arraignments generally happen sooner. These dates can shift if the State needs more time to decide what, if anything, to file.

Does an arrest always lead to formal charges?+

No. An arrest and a formal charge are two different legal events. The State Attorney's Office reviews the arrest and decides independently whether to file, and prosecutors sometimes decline to file charges at all, a decision commonly called a "no action." See our full breakdown of the difference between an arrest and being formally charged.

What is the difference between an information and an indictment?+

An information is the charging document a prosecutor files directly for most felony and misdemeanor cases. An indictment comes from a grand jury, a group of citizens who review evidence and vote on whether to charge, and is generally reserved for the most serious offenses, including those that could carry the death penalty or life imprisonment.

Can the State reduce a felony charge to a misdemeanor?+

Yes. This is sometimes called a "bind down" in Miami-Dade. It can happen when the prosecutor reviews the arrest and decides the evidence supports a lesser charge than what the arresting officer originally cited.

Do I have to be physically present for my arraignment?+

commonly, no. If you have retained an attorney, they can generally enter a plea of not guilty on your behalf without you appearing in person. Check with your attorney about the particular requirements for your case.

What can I learn through discovery that I wouldn't otherwise know?+

Florida's discovery rules give the defense access to police reports, witness lists, physical evidence, and lab results, and allow depositions of every witness the State intends to call, including law enforcement. This is broader than what many other states allow, and it's in many cases where the strongest issues in a case first come into focus.

What is pretrial diversion, and could my case qualify?+

Pretrial diversion, generally called Pretrial Intervention or PTI, is a program that lets certain defendants, commonly first-time or lower-level offenders, resolve a case outside the normal prosecution track. Successful completion commonly results in the charge being dropped rather than a conviction on record. Eligibility depends on the charge, criminal history, and the particular program available in the case, and it's worth raising early with an attorney rather than assuming it isn't an option.

Why does my case keep getting reset?+

Resets happen for a range of reasons: the State needs more time to review evidence, discovery isn't complete, both sides are negotiating a plea, or the court calendar is merely full. A reset is common and says little about how the case is going.

What is Florida's speedy trial rule?+

Under Fla. R. Crim. P. 3.191, a person formally charged with a misdemeanor must be brought to trial within 90 days, and a felony within 175 days. As of a July 2025 rule change, this clock starts when formal charges are filed, not at the moment of arrest. It's a separate deadline from the charge-filing timeline itself.

What happens if the State misses the speedy trial deadline?+

The defense can file a Notice of Expiration of Speedy Trial Time. The court then has to hold a hearing within 5 days, and the State gets a 30-day recapture period to bring the case to trial. If they still miss that window, the case can be dismissed, though under the current rule that dismissal is generally without prejudice, meaning the State can commonly refile, unless the delay also violated the defendant's constitutional speedy trial right.

Should I file a Demand for Speedy Trial?+

It depends entirely on the case. A demand forces the court to set trial within 60 days, but it's a binding representation that you're already prepared for trial, which cuts off the ability to request more time later for investigation, discovery, or negotiation. This is a strategic decision worth discussing carefully with an attorney rather than filing reflexively.

What does it mean when charges are "nolle prossed"?+

Nolle prosequi, in many cases shortened to "nolle pross," is the State formally dropping charges after they've already been filed. It's different from a "no action" decision, which happens before charges are ever filed in the first place. A nolle pross generally ends the case, though the State can sometimes refile later depending on the statute of limitations and the circumstances. For who holds that decision, see our post on whether a victim can drop charges in Florida.

What does "withhold of adjudication" mean in Florida?+

A withhold of adjudication happens when a judge accepts a guilty or no contest plea, or a guilty verdict, but stops short of entering a formal conviction, placing the person on probation instead. For most purposes under Florida law, a person with a withhold can legally say they were not convicted and keeps their civil rights. It is not absolute protection, though: Florida law in particular treats a withhold as a conviction for certain purposes, including habitual offender sentencing enhancements and sex offender registration. A withhold generally remains on the public record permanently unless later sealed.

The Timeline

From Arrest to Resolution

Every case is different, but the sequence of stages is mostly the same. Here's the order things happen in Miami-Dade.

Hour Zero

Arrest and Booking

The person is taken into custody and transported to a Miami-Dade Corrections facility for fingerprinting, photographing, and processing. See our full guide on what to do in the first hours after an arrest, including how to locate someone in custody, and our post on whether an arrest is valid without being read your rights.

Within 24 Hours

First Appearance

If the person can't post standard bond, or the charge requires it, a judge holds a first appearance hearing to set bail or other release conditions. Miami-Dade holds these hearings seven days a week, including holidays. See our full Bail and Bond Guide for how this hearing works. The judge also decides at this hearing whether the defendant can pay for a lawyer; see our guide to public defender or private lawyer in Miami-Dade.

The Pre-File Period

The State Decides What to Charge

An arrest is not the same as a formal charge. The State Attorney's Office reviews the arrest report and decides whether to file formal charges, and if so, precisely what those charges will be. Officers sometimes overcharge at the scene, and this review stage is where a charge can get reduced, changed, or dropped entirely before a case has formally begun.

Day 21 (Felony)

Arraignment

In Miami-Dade, felony arraignment is automatically set on the 21st day after arrest. This is the hearing where charges are formally read and a plea, generally not guilty, is entered. If you have an attorney, your physical presence generally isn't required. See our Legal Terms Glossary entry on arraignment for the full definition. For a step-by-step walkthrough of the hearing, see what happens at an arraignment in Florida.

Ongoing

Discovery

Both sides exchange the evidence and witnesses they intend to use. Florida gives the defense a broader tool than most states offer: the right to depose every witness the State plans to call at trial, including the officers involved in the arrest. See our Legal Terms Glossary entry on discovery for the full definition.

✳

A Possible Off-Ramp

Diversion or Pretrial Intervention

Not every case runs straight through to trial or a plea. First-time offenders and certain lower-level charges may qualify for a diversion program, sometimes called Pretrial Intervention (PTI), which can resolve the case outside the normal court track entirely. Successful completion commonly results in the charge being dropped, and cases resolved this way can later qualify for record sealing in a way a conviction never would. Not everyone qualifies, and eligibility depends heavily on the charge and criminal history.

90 or 175 Days From Formal Charge

Speedy Trial Deadline

Florida's speedy trial rule, Fla. R. Crim. P. 3.191, requires trial to begin within 90 days of formal charges for a misdemeanor, or 175 days for a felony. This clock is separate from the charge-filing deadline above, and it starts running once charges are filed, not at arrest. A defendant can also file a written Demand for Speedy Trial to force a faster track, though doing so carries real tradeoffs, since it also cuts off the ability to ask for more time to prepare.

Several Weeks Later

Case Management or Pretrial Conference

The court checks in on where the case stands. Felony cases call this case management; misdemeanor cases call it a pretrial conference. This is commonly where a plea offer gets discussed, or where the case gets set for trial.

If It Doesn't Resolve

Trial

Most cases resolve before this point. If not, the case is set for trial, and the length of that trial depends heavily on the charge and the complexity of the evidence involved. Trials are decided by a jury unless the defendant waives that right and the State agrees; see jury trial vs. bench trial in Florida.

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After a Conviction

Appeals

Florida allows appeals and other forms of post-conviction relief after a conviction, under strict deadlines and procedural rules. See our full breakdown of appeals and post-conviction relief.

What happens if the State misses the 21-day deadline? The prosecutor has 30 days from arrest to formally file charges. If nothing is filed by day 21 and the person is still in custody, the defense can ask the court to release them on their own promise to appear, or request a hearing where the State has to show probable cause for the charges. If nothing is filed by day 30, the court will generally order release on recognizance by day 33 unless the State files by then. This deadline is a real, enforceable check on how long the State can hold someone without formally charging them.

Not every guilty outcome is a formal conviction. Florida law lets a judge "withhold adjudication" after a guilty plea, no contest plea, or guilty verdict, placing the person on probation instead of entering a formal conviction. For most purposes, this means the person can legally say they were not convicted, keeps their civil rights, and may become eligible for record sealing. It is not, however, a free pass in every context: Florida law notably treats a withhold as a conviction for certain purposes, including habitual offender sentencing and sex offender registration. Whether a withhold is realistically available, and what it means for a particular charge, is worth a direct conversation with an attorney rather than an assumption either way. See our guide on what to know before deciding on a plea deal and our post on what shows up on a background check after an arrest.

How Long It Takes

Realistic Timelines, Not Guarantees

No two cases move at the same speed, but there are patterns.

Misdemeanor Cases

Felony Cases

CourtMiami-Dade County Court

CourtMiami-Dade Circuit Court

Typical overall lengthin many cases resolves within a few months, especially with an early plea or dismissal

Typical overall lengthCommonly six months to a year, longer for complex or heavily contested cases

Trial length, if it gets theregenerally a day or two

Trial length, if it gets thereCan run a week or longer depending on the charge

Broward County runs this differently. There's no automatic arraignment date after arrest the way Miami-Dade sets one at 21 days. Prosecutors file charges when they've made that decision, and if they decide not to, there's never an arraignment date at all. If you're out of custody in Broward, arraignment can end up 45 to 60 days out. If your case crosses county lines, don't assume Miami-Dade's timeline applies.

Speak With Andre

Not Sure Where Your Case Stands?

Cases move at different speeds, and knowing what stage you're in changes what decisions make sense right now. Initial consultations are free and confidential, with no obligation to retain.

See our full guide to what to do right after an arrest, our Bail and Bond Guide, or our breakdown of self-representation. For what to expect at a hearing, see our Courtroom Etiquette FAQ or, if it's by video, our Zoom Court Hearing Guide. See also our Legal Terms Glossary, South Florida Courthouse Directory, our Areas We Serve page, and, for the separate civil deadline rules, our Statute of Limitations guide. Not sure whether to hire a lawyer at this stage? See our posts on getting a lawyer before an arrest happens, whether you need a lawyer after an arrest, and what to ask before you hire a criminal defense lawyer. A case can also end through a diversion program, and a plea can carry separate consequences for non-citizens, covered in our immigration guide. If an arrest may come from an open warrant, see our Warrant Search guide. To find someone who is already in custody, see our Miami-Dade Jail Guide.

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